Property gift from a donor. Now can i sell that flat that was gifted?
i had got flat from donors as gift deed, and society is still not issuing me the share certificates, they say get from donors or trying to delay but the thane sub registrar office has given order to society to make me member, on society board my name is there , i can sell the flat or no. it is registered in my name
If the sub registrar has issued an order to society , then by virtue of the said order society is bound to issue you the share certificate.
We suggest that in case they fail to do so, then you can send a legal notice through a lawyer thereby directing the society to issue you share certificate. Despite legal notice they fail to issue share certificate then you can file suit for declaration.
Further with respect to your other query whether you can sell the house, it totally depends on the buyer, if the buyer agrees to buy the said flat without share certificate then you can sell the same.
if the property is registered in your name and you are the registered owner then you have absolute right to dispose, transfer, sell morgate lease, lean the said property as per your own wish and desire.
Advocate Sagar KothariDistrict Court Shivajinagar, Pune
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